Allowed

Vimal Namdeo Kakde v. the Senior Inspector of Police

Bombay HC18 Mar 2021ABA/482/2021

Case brief

AI extract

What is this about?

The High Court of Bombay allowed an anticipatory bail application filed by a mother-in-law accused of abetment to suicide. The court held that there was no proximate cause traceable to the applicant's acts and no necessity for her custodial interrogation, directing her release on bail if arrested.

What did the court decide?

Anticipatory bail granted upon furnishing a PR bond of Rs. 30,000 with one or two sureties in the like amount.

Vimal Namdeo Kakde Vs the Senior Inspector of Police — Matrimonial and Divorce | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.482 OF 2021

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Mrs. Vimal Namdeo Kakde… Applicant
Versus
State of Maharashtra… Respondent

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Mr. Rizwan Merchant, Advocate a/w. Ms. Gayatri Gokhale, Ms.
Kajal Joshi, Ms. Zainta Abdi i/b. Mahesh Deshpande, for the
Applicant.

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Mr. S. H. Yadav, APP for State/Respondent.

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CORAM: SARANG V. KOTWAL, J.
DATE: 18th MARCH, 2021

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P.C. :

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1.The Applicant is seeking anticipatory bail in
connection with C.R.No. 27 of 2021 registered with Kothrud
Police Station, Pune on 30.1.2021 under Sections 306, 323
and 504 r/w. 34 of the Indian Penal Code.

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2.Heard Shri Rizwan Merchant, learned counsel for

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the applicant and Shri S.H. Yadav, learned APP for the State.

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3.The FIR is lodged by the father of the deceased.

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The deceased was married to the applicant’s son Deepak.

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Deshmane (PS)

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There are allegations that, after marriage in the year 2011, the
applicant who is mother in law of the deceased used to harass
her. The couple had gone to Germany for a few years. Even
there the applicant used to make phone calls to them and after
every such phone call the husband of the deceased used to
beat her, abuse her and used to cause harassment. After their
stay in Germany, the couple came back to Pune and started
residing initially at Kothrud. There are allegations in the F.I.R.
that the husband of the deceased used to visit brothels and
had many vices. The deceased was not happy with the
situation and she was complaining to her father. There are
allegations that the applicant used to call them frequently and
thereafter the husband used to increase her harassment. It is
alleged that in March, 2020 the deceased along with her
husband Deepak and Aahana came to Amravati and went to
Nanded. There again there was quarrel between Deepak and
the deceased. There was some quarrel with the present
Applicant also because the deceased had told the Applicant
and her husband that Deepak used to visit brothels. After that

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the deceased started residing with her aunt at Nanded. After
a few days the deceased and Deepak came back to Amravati.
They stayed there for three months. The parents of the
deceased were aware of the friction between the deceased
and her husband and, therefore, they did not send the
deceased with her husband to Pune. He went alone to Pune.
But Deepak made repeated phone calls and assured that he
would improve his behaviour. Because of his continuous
pleadings, the deceased came back to Pune. On 19.12.2020,
they celebrated the deceased’s daughter’s birthday. That time,
the Applicant and her husband had not come to Pune. On that
day also the deceased was complaining to her parents about
the behaviour of her husband. He was not keeping physical
relations with he. Inspite of such complaints, the deceased
refused to go back to Amravati with her parents. The situation
continued. On 29.1.2021, the deceased committed suicide by
hanging herself and, therefore, this FIR is lodged.

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4.Learned counsel for the applicant submitted that
the applicant was residing separately at Nanded. The incident

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had taken place in the matrimonial house of the deceased.
There was no proximate cause or act attributable to the
present applicant attracting sections 306 and 107 of IPC
against her.

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5.Learned A.P.P. produced the investigation papers
before me. They contain the statements of some of the
neighbours of the deceased at Pune. They have made similar
general allegations against the present Applicant that the
Applicant used to make phone calls to her son Deepak and
then there used to be quarrels between the deceased and
Deepak. The rest of the allegations about quarrels are about
the past incidents and there was no proximate incident of any
harassment caused by the present Applicant to the deceased.

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6.The FIR itself shows that the Applicant was not in
Pune when the daughter’s birthday was celebrated on
19.12.2020. Even thereafter the Applicant had not gone to
Pune. On the day of incident also she was in Nanded. There
is nothing to show that because of the Applicant’s acts during
that period, the deceased was compelled to commit suicide.

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On the contrary, all the allegations are directed specifically
towards the husband of the deceased i.e. Applicant’s son.

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7.In this view of the matter, the Applicant’s custodial
interrogation is not necessary. The investigation can go on
without her custodial interrogation. Therefore, she can be
granted anticipatory bail. Hence, the following order :

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ORDER

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(i) In the event of her arrest in connection with C.R.No. 27

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of 2021 registered with Kothrud Police Station, Pune,
the Applicant is directed to be released on bail on her
furnishing PR bond in the sum of Rs.30,000/- (Rupees
Thirty Thousand Only) with one or two sureties in the
like amount.

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(ii) Anticipatory Bail Application stands disposed of accordingly.

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Digitally signed by Pradeepkumar Pradeepkumar P. Deshmane P. Deshmane Date: 2021.03.22 14:55:30 +0530

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(SARANG V. KOTWAL, J.)

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Deshmane (PS)

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Vimal Namdeo Kakde v. the Senior Inspector of Police

Case brief

What is this about?

What did the court decide?

Vimal Namdeo Kakde v. the Senior Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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